Carcar Water District asks court to junk Garcia's injunction case

The Carcar Water District and its board of directors have asked the Regional Trial Court to dismiss the civil case for injunction filed by a businessman who said that the allegedly illegal increase of the firm's water rates has affected him.

The water district, through the Office of the Government Corporate Counsel, has questioned the jurisdiction of the court over the case, and the legal personality of businessman Marlon Garcia to file the case.

Government corporate attorney Conchita Vestil contended that Section 63 of Presidential Decree 198 provides that the National Water Resources Board has the jurisdiction over the case.

Vestil also argued that the failure of Garcia to exhaust all administrative remedies before filing the case in court was basis enough to dismiss the case.

Vestil warned that if the court rules on the petition despite its lack of jurisdiction, then it would be similar to grave abuse of discretion, which would nullify the decision eventually.

In a 16-page motion to dismiss, the water district said Garcia was not a registered concessionaire and thus has no legal personality to file the case. It said the Aqua Serv Refilling Station was not registered to his name but to somebody, named Heinrich Alesna.

"He is not therefore a real party in interest to this case and his instant complaint should be dismissed for lack of cause of action," the water district told the court.

The water district cited Rule 3 of the Revised Rules of Civil Procedure, which states that every action must be prosecuted or defended for "the real party in interest", which is defined as one who stands either to benefit or get injured from the judgment of the case.

The RTC is set to hear Garcia's petition for injunction at 2pm today, and the water district yesterday moved for the suspension of the hearing unless the issue of jurisdiction is resolved first.

The court earlier granted Garcia a five-day temporary restraining order against the water district and its officials, headed by general manager Edward Remo, enjoining them from implementing the P16 per cubic meter rate increase starting July 1.

The other respondents of the petition were board chairman Roberto Aleonar, Sr, vice-chairman Marcelo Cabalquinto, treasurer Restituto Alcarez, secretary Laura Alcudia, and director Martin Cabungcal.

Garcia argued that the increase did not undergo a public hearing, as required by law, because the supposedly public hearing on October 21, 2000 was actually a project presentation. - Fred P. Languido